29 U.S. Code § 207 - Maximum hours

Except as otherwise provided in this section, no employ any of his commerce or in the production of commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such (2) No employ any of his commerce or in the production of commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, and who in such workweek is brought within the purview of this subsection by the amendments made to this chapter by the Fair Labor Standards Amendments of 1966—

for a workweek longer than forty-four hours during the first year from the effective date of the Fair Labor Standards Amendments of 1966,

in pursuance of an agreement, made as a result of collective bargaining by representatives of employees certified as bona fide by the National Labor Relations Board , which provides that no (2)

in pursuance of an agreement, made as a result of collective bargaining by representatives of employees certified as bona fide by the National Labor Relations Board , which provides that during a specified period of fifty-two consecutive weeks the (3) by an independently owned and controlled local enterprise (including an enterprise with more than one bulk storage establishment) engaged in the wholesale or bulk distribution of petroleum products if—

the annual gross volume of sales of such enterprise is less than $1,000,000 exclusive of excise taxes,

more than 75 per centum of such enterprise’s annual dollar volume of State in which such enterprise is located, and

not more than 25 per centum of the annual dollar volume of sales of such enterprise is to customers who are engaged in the bulk distribution of such products for resale,

sums paid as gifts; payments in the nature of gifts made at Christmas time or on other special occasions, as a reward for service, the amounts of which are not measured by or dependent on hours worked, production, or efficiency;

payments made for occasional periods when no work is performed due to vacation, holiday, illness, failure of the (3)

Sums [1] paid in recognition of services performed during a given period if either, (a) both the fact that payment is to be made and the amount of the payment are determined at the sole discretion of the Administrator set forth in appropriate regulations which he shall issue, having due regard among other relevant factors, to the extent to which the amounts paid to the Administrator) paid to performers, including announcers, on radio and television programs;

contributions irrevocably made by an person pursuant to a bona fide plan for providing old-age, retirement, life, accident, or health insurance or similar benefits for employees;

extra compensation provided by a premium rate paid to the [2] where such premium rate is not less than one and one-half times the rate established in good faith by the contract or agreement for like work performed during such workday or workweek; or

grants are made pursuant to a program, the terms and conditions of which are communicated to participating employees either at the beginning of the (B)

in the case of stock options and stock appreciation rights, the grant or right cannot be exercisable for a period of at least 6 months after the time of grant (except that grants or rights may become exercisable because of an (C)

made based upon meeting previously established performance criteria (which may include hours of work, efficiency, or productivity) of any business unit consisting of at least 10 employees or of a facility, except that, any determinations may be based on length of service or minimum schedule of hours or days of work; or

made based upon the past performance (which may include any criteria) of one or more employees in a given period so long as the determination is in the sole discretion of the (f) Employment necessitating irregular hours of work

No section 206 of this title (whichever may be applicable) and compensation at not less than one and one-half times such rate for all hours worked in excess of such maximum workweek, and (2) provides a weekly guaranty of pay for not more than sixty hours based on the rates so specified.

is computed at a rate not less than one and one-half times the rate established by such agreement or understanding as the basic rate to be used in computing overtime compensation thereunder: Provided, That the rate so established shall be authorized by regulation by the Administrator as being substantially equivalent to the average hourly earnings of the employee, exclusive of overtime premiums, in the particular work over a representative period of time;

and if (i) the overtime compensation is properly computed and paid on other forms of additional pay required to be included in computing the regular rate.

Except as provided in paragraph (2), sums excluded from the regular rate pursuant to subsection (e) shall not be creditable toward wages required under section 206 of this title or (2)

Extra compensation paid as described in paragraphs (5), (6), and (7) of subsection (e) shall be creditable toward overtime compensation payable pursuant to this section.

No section 206 of this title, and (2) more than half his compensation for a representative period (not less than one month) represents commissions on (j) Employment in hospital or establishment engaged in care of sick, aged, or mentally ill

in a work period of 28 consecutive days the Fair Labor Standards Amendments of 1974) in tours of duty of (2)

to provide services (including stripping and grading) necessary and incidental to the sale at auction of green leaf tobacco of type 11, 12, 13, 14, 21, 22, 23, 24, 31, 35, 36, or 37 (as such types are defined by the Agriculture), or in auction sale, buying, handling, stemming, redrying, packing, and storing of such tobacco,

in auction sale, buying, handling, sorting, grading, packing, or storing green leaf tobacco of type 32 (as such type is defined by the Agriculture), or

in auction sale, buying, handling, stripping, sorting, grading, sizing, packing, or stemming prior to packing, of perishable cigar leaf tobacco of type 41, 42, 43, 44, 45, 46, 51, 52, 53, 54, 55, 61, or 62 (as such types are defined by the Agriculture); and

applicable provisions of a collective bargaining agreement, memorandum of understanding, or any other agreement between the public agency and representatives of such employees; or

in the case of employees not covered by subclause (i), an agreement or understanding arrived at between the (B)

if the compensatory time in excess of the limit applicable to theIn the case of employees described in clause (A)(ii) hired prior to April 15, 1986 , the regular practice in effect on April 15, 1986 , with respect to overtime compensation, shall constitute an agreement or understanding under such clause (A)(ii). Except as provided in the previous sentence, the provision ofApril 14, 1986 , shall be in accordance with this subsection.

If the work of an compensatory time may be provided included work in a public safety activity, an emergency response activity, or a seasonal activity, thecompensatory time for hours worked after April 15, 1986 . If such work was any other work, theApril 15, 1986 . Any suchApril 15, 1986 , has accrued 480 or 240 hours, as the case may be, of (B)

If compensation is paid to an compensatory time off, such compensation shall be paid at the regular rate earned by the (4) An compensatory time off authorized to be provided under paragraph (1) shall, upon termination of employment, be paid for the unused (A)

shall be permitted by the compensatory time does not unduly disrupt the operations of the public agency.

(6) The hours an public agency performs court reporting transcript preparation duties shall not be considered as hours worked for the purposes of subsection (a) if—

the maximum rate established by State law or local ordinance for the jurisdiction of such public agency,

the maximum rate otherwise established by a judicial or administrative officer and in effect on July 1, 1995 , or

(1) If an individual who is employed by a State, political subdivision of a State, or an interstate governmental agency in fire protection or law enforcement activities (including activities of security personnel in correctional institutions) and who, solely at such individual’s option, agrees to be employed on a special detail by a separate or independent public agency employing such individual in the calculation of the hours for which theovertime compensation under this section if the public agency—

requires that its employees engaged in fire protection, law enforcement, or security activities be hired by a separate and independent (B)

If an public agency which is apublic agency which is in a different capacity from any capacity in which thepublic agency, the hours suchpublic agency in the calculation of the hours for which theovertime compensation under this section.

If an individual who is employed in any capacity by a public agency which is apublic agency and solely at the option of such individual, to substitute during scheduled work hours for another individual who is employed by such agency in the same capacity, the hours suchpublic agency in the calculation of the hours for which theovertime compensation under this section.

provided to employees who lack a high school diploma or educational attainment at the eighth grade level;

[1] So in original. Probably should not be capitalized.

[2] So in original. The comma probably should be preceded by a closing parenthesis.

[3] So in original. Probably should be followed by a period.

The Fair Labor Standards Amendments of 1966, referred to in subsec. (a)(2), is Pub. L. 89–601, Sept. 23, 1966 , 80 Stat. 830. For complete classification of this Act to the Code, see Short Title of 1966 Amendment note set out under section 201 of this title and Tables.

The effective date of the Fair Labor Standards Amendments of 1966, referred to in subsec. (a)(2)(A), means the effective date of Pub. L. 89–601, which is Feb. 1, 1967 except as otherwise provided, see section 602 of Pub. L. 89–601, set out as an Effective Date of 1966 Amendment note under section 203 of this title.

Section 6(c)(3) of the Fair Labor Standards Amendments of 1974, referred to in subsec. (k)(1), is Pub. L. 93–259, § 6(c)(3), Apr. 8, 1974 , 88 Stat. 61, which is set out as a note under section 213 of this title.

2022—Subsec. (r). Pub. L. 117–328 struck out subsec. (r) which related to reasonable break time for nursing mothers.

2010—Subsec. (r). Pub. L. 111–148 added subsec. (r).

Subsec. (h). Pub. L. 106–202, § 2(b), designated existing provisions as par. (2) and added par. (1).

1995—Subsec. (o)(6), (7). Pub. L. 104–26 added par. (6) and redesignated former par. (6) as (7).

1989—Subsec. (q). Pub. L. 101–157 added subsec. (q).

1974—Subsec. (c). Pub. L. 93–259, § 19(a), (b), substituted “seven workweeks” for “ten workweeks”, “ten workweeks” for “fourteen workweeks” and “forty-eight hours” for “fifty hours” effective May 1, 1974 . Pub. L. 93–259, § 19(c), substituted “five workweeks” for “seven workweeks” and “seven workweeks” for “ten workweeks” effective Jan. 1, 1975 . Pub. L. 93–259, § 19(d), substituted “three workweeks” for “five workweeks” and “five workweeks” for “seven workweeks” effective Jan. 1, 1976 . Pub. L. 93–259, § 19(e), repealed subsec. (c) effective Dec. 31, 1976 .

Subsec. (d). Pub. L. 93–259, § 19(a), (b), substituted “seven workweeks” for “ten workweeks”, “ten workweeks” for “fourteen workweeks” and “forty-eight hours” for “fifty hours” effective May 1, 1974 . Pub. L. 93–259, § 19(c), substituted “five workweeks” for “seven workweeks” and “seven workweeks” for “ten workweeks” effective Jan. 1, 1975 . Pub. L. 93–259, § 19(d), substituted “three workweeks” for “five workweeks” and “five workweeks” for “seven workweeks” effective Jan. 1, 1976 . Pub. L. 93–259, § 19(e), repealed subsec. (d) effective Dec. 31, 1976 .

Subsec. (j). Pub. L. 93–259, § 12(b), extended provision excepting from being considered a subsec. (a) violation agreements or undertakings betweenPub. L. 93–259, § 6(c)(1)(D), effective Jan. 1, 1978 , substituted in par. (1) “exceed the lesser of (A) 216 hours, or (B) the average number of hours (as determined by theFair Labor Standards Amendments of 1974) in tours of duty ofPub. L. 93–259, § 6(c)(1)(C), substituted “216 hours” for “232 hours”, wherever appearing, effective Jan. 1, 1977 .

Pub. L. 93–259, § 6(c)(1)(B), substituted “232 hours” for “240 hours”, wherever appearing, effective Jan. 1, 1976 .

Pub. L. 93–259, § 6(c)(1)(A), added subsec. (k), effective Jan. 1, 1975 .

1966—Subsec. (a). Pub. L. 89–601, § 401, retained provision for 40-hour workweek and compensation for employment in excess of 40 hours at not less than one and one-half times the regular rate of pay and substituted provisions setting out a phased timetable for the workweek in the case ofFair Labor Standards Amendments of 1966 beginning at 44 hours during the first year from the effective date of the Fair Labor Standards Amendments of 1966, 42 hours during the second year from such date, and 40 hours after the expiration of the second year from such date, for provisions giving a phased timetable for workweeks in the case ofFair Labor Standards Amendments of 1961.

Subsec. (b)(3). Pub. L. 89–601, § 212(b), substituted provisions granting an overtime exemption for petroleum distributionPub. L. 89–601, § 204(c), substituted provisions for an overtime exemption of 10 weeks in any calendar year or 14 weeks in the case of anPub. L. 89–601, § 204(c), added subsec. (d). Former subsec. (d) redesignated (e).

Subsecs. (e), (f). Pub. L. 89–601, § 204(d)(1), redesignated former subsecs. (d) and (e) as (e) and (f) respectively. Former subsec. (f) redesignated (g).

Subsecs. (g), (h). Pub. L. 89–601, § 204(d)(1), (2), redesignated former subsecs. (f) and (g) as subsecs. (g) and (h) respectively, and in subsecs. (g) and (h) as so redesignated, substituted reference to “subsection (e)” for reference to “subsection (d).” Former subsec. (h) redesignated (i).

Subsec. (i). Pub. L. 89–601, §§ 204(d)(1), 402, redesignated former subsec. (h) as (i) and inserted provision that, in determining the proportion of compensation representing commissions, all earnings resulting from the application of a bona fide commission rate shall be deemed commissions onPub. L. 89–601, § 403, added subsec. (j).

1961—Subsec. (a). Pub. L. 87–30, § 6(a), designated existing provisions as par. (1), inserted “in any workweek”, and added par. (2).

Subsec. (b)(2). Pub. L. 87–30, § 6(b), substituted “in excess of the maximum workweek applicable to suchPub. L. 87–30, § 6(c), (d), substituted “in excess of the maximum workweek applicable to suchPub. L. 87–30, § 6(e), substituted “the maximum workweek applicable to suchsection 206 of this title (whichever may be applicable” and “such maximum” for “forty hours”, “section 206(a) of this title” and “forty in any”, respectively.

Subsec. (f). Pub. L. 87–30, § 6(f), substituted “the maximum workweek applicable to suchPub. L. 87–30, § 6(g), added subsec. (h).

1949—Subsec. (a). Act Oct. 26, 1949 , continued requirement that employment in excess of 40 hours in a workweek be compensated at rate not less than 1½ times regular rate except as toOct. 26, 1949 , increased employment period limitation from one thousand hours to one thousand and forty hours in semi-annual agreements.

Subsec. (b)(2). Act Oct. 26, 1949 , increased employment period limitation from two thousand and eighty hours to two thousand two hundred and forty hours in annual agreements, fixed minimum and maximum guaranteed employment periods, and provided for overtime rate for hours worked in excess of the guaranty.

Subsec. (c). Act Oct. 26, 1949 , added buttermilk to commodities listed for first processing.

Subsec. (d). Act Oct. 26, 1949 , struck out former subsec. (d) and inserted a new subsec. (d) defining regular rate with certain specified types of payments excepted.

Subsec. (e) added by act July 20, 1949 , and amended by act Oct. 26, 1949 , which determined compensation to be paid for irregular hours of work.

Subsecs. (f) and (g). Act Oct. 26, 1949 , added subsecs. (f) and (g).

1941—Subsec. (b)(2) amended by act Oct. 29, 1941 .

“The amendments made by section 102(a) [enacting section 218d of this title and amending this section] shall take effect on the date of enactment of this Act [ Dec. 29, 2022 ].”

“The amendments made by this section [amending this section] shall take effect on the date that is 90 days after the date of enactment of this Act [ May 18, 2000 ].”

“The amendments made by section 2 [amending this section] shall apply after the date of the enactment of this Act [ Sept. 6, 1995 ] and with respect to actions brought in a court after the date of the enactment of this Act.”

Amendment by Pub. L. 99–150 effective Apr. 15, 1986 , see section 6 of Pub. L. 99–150, set out as a note under section 203 of this title.

Pub. L. 93–259, § 6(c)(1)(A)–(D), Apr. 8, 1974 , 88 Stat. 60, provided that the amendments made by that section are effective Jan. 1, 1975 , 1976, 1977, and 1978, respectively.

Amendment by sections 7(b)(2), 9(a), 12(b), 19(a), (b), and 21(a) of Pub. L. 93–259 effective May 1, 1974 , see section 29(a) of Pub. L. 93–259, set out as a note under section 202 of this title.

Pub. L. 93–259, § 19(c)–(e), Apr. 8, 1974 , 88 Stat. 66, provided that the amendments and repeals made by subsecs. (c), (d), and (e) of section 19 are effective Jan. 1, 1975 , Jan. 1, 1976 , and Dec. 31, 1976 , respectively.

Amendment by Pub. L. 89–601 effective Feb. 1, 1967 , except as otherwise provided, see section 602 of Pub. L. 89–601, set out as a note under section 203 of this title.

Amendment by Pub. L. 87–30 effective upon expiration of one hundred and twenty days after May 5, 1961 , except as otherwise provided, see section 14 of Pub. L. 87–30, set out as a note under section 203 of this title.

Amendment by act Oct. 26, 1949 , effective ninety days after Oct. 26, 1949 , see section 16(a) of act Oct. 26, 1949 , set out as a note under section 202 of this title.

Beginning on the date of enactment of this Act [ June 6, 2008 ], section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) shall apply to a covered29 U.S.C. 213(b)(1)).

“(1) Limitation on liability.— An Fair Labor Standards Act of 1938 (29 U.S.C. 207) with respect to a covered “(A)

who is employed by a motor carrier or motor private carrier (as such terms are defined by section 13102 of title 49, United “(2) whose work, in whole or in part, is defined—

“(B) as affecting the safety of operation of motor vehicles weighing 10,000 pounds or less in transportation on public highways in interstate or foreign “(i)

designed or used to transport more than 15 passengers (including the driver) and not used to transport passengers for compensation; or

used in transporting material found by the section 5103 of title 49, Unitedsection 5103 of title 49, United “(3)

the grants or rights were obtained before the effective date described in subsection (c) [set out as an Effective Date of 2000 Amendment note above];

the grants or rights were obtained within the 12-month period beginning on the effective date described in subsection (c), so long as such program was in existence on the date of enactment of this Act [ May 18, 2000 ] and will require shareholder approval to modify such program to comply with section 7(e)(8) of the Fair Labor Standards Act of 1938 [29 U.S.C. 207(e)(8)] (as added by the amendments made by subsection (a)); or

such program is provided under a collective bargaining agreement that is in effect on the effective date described in subsection (c).”

“A collective bargaining agreement which is in effect on April 15, 1986 , and which permitsApril 14, 1986 , in accordance with section 7(o) of the Fair Labor Standards Act of 1938 (as added by subsection (a)) [29 U.S.C. 207(o)].”

Effect of Amendments by Public Law 99–150 onPub. L. 99–150 not to affect liability of certain public agencies under section 216 of this title for violation of this section occurring before Apr. 15, 1986 , see section 7 of Pub. L. 99–150, set out as a note under section 216 of this title.

Secretary authorized to promulgate necessary rules, regulations, or orders on and after the date of the enactment of Pub. L. 89–601, Sept. 23, 1966 , with regard to the amendments made by Pub. L. 89–601, see section 602 of Pub. L. 89–601, set out as a note under section 203 of this title.

Functions of all other officers of Department of Labor and functions of all agencies andAdministrative Procedure Act (now covered by sections 551 et seq. and 701 et seq. of Title 5, Government Organization and15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5.

By virtue of the authority vested in me by the Constitution and statutes as President of the United Executive Order 9301 of February 9, 1943 [8 F.R. 1825] (formerly set out as note under this section), establishing a minimum wartime workweek of forty-eight hours, be, and it is hereby, revoked.